British Expats - student status question

On Mon, 14 Oct 2002 12:51:06 -0700, CCornell wrote:

    > Dear Sirs,
    > I have voluntarily left the states in the year 2000 after coming to the
    > States on an F-1 student visa, actually enrolling in school, staying
    > there for about 1 month, leaving the school for dire financial
    > circumstances and staying in the US for around 20 months. Now I want to
    > apply again for a visit visa.
    > I would like to get an experienced opinion about what my chances are
    > regarding applying again..
    > I don't really know if I am out of status..I think this has to do with
    > whether or not the International student advisor who has reported me to
    > the INS or not..what do you think? Am I admissible or inadmissible? If
    > inadmissible, is there any way that I can appeal to re-enter..There is a
    > number of INS forms that seem appropriate in my case but I don't know
    > which one would actually work-if it will.. Thank you for your help..

I think you should be fine, but it depends on the details of your
circumstances.

You say you "voluntarily left". Did you apply for and were granted
voluntary departure? Was that after deportation proceedings have started?
Did INS or an immigration judge ever inform you that you were unlawfully
present? Did you work?

From what it sounds like - and I'm guessing at some of the details of your
situation, so I could be wrong - there is nothing in the law that would
make you inadmissible, and you won't need any INS forms, just deal with
the consulate.

Do keep in mind that this won't be a guarantee you will get a visa. When
deciding about whether to grant or deny a visa, a consulate will be
"forward looking" - they try to determine whether you are likely to
comply with the terms of the visa and whether you will return to your
home country. This is a discretionary decision, so they can deny you even
with no reason at all.

So, what it comes down to, is that you will have to convince the consular
officer that while you fell out of status on your last visit, this time
around this is not likely to happen again.

Another thing: do explain the situation. Don't try to hide it. Write a
letter with two or three paragraphs, explaining the details of why the
emergency arose and emphasizing the fact that you left the country
voluntarily as soon as you were able to. Especially in such cases,
honesty will come across much better than anything else.

Nobody can guarantee that you will get your visa, of course.

Incidentally, if you are trying for an F-1 again and your old visa stamp
hasn't expired yet, you may be able to bypass the consulate and just use
the old visa stamp with the new I-20.

Ingo